Post Trump, Deferred Action for Childhood Arrivals (also known as DACA) has gone through several confusing phases. Yet, many have been asking us, where is DACA as of today, May 29, 2018?
DACA in Preliminary Injunction
In January and February 2018, DACA was subject to a preliminary injunction. But what does that mean exactly? Preliminary injunctions are ordered by a court, prior to a final determination of a case. This is ordered to stop a party from moving ahead with a certain course of conduct or it can compel a party to act a certain way until the case has been decided. The two preliminary injunctions from February 13, which was issued in the Eastern District of New York, and January 9, by Northern District of California, are effectively the same.
No Requests for Those Who Were Never DACA Recipients
Presently, USCIS is not accepting requests from individuals who were never DACA recipients. Yet, if you need to renew or allowed your DACA status to expire, you can reapply for your work permit (presently, travel permits are not available to DACA applicants).
Due to the federal court's preliminary injunctions on Jan. 9, 2018 and Feb. 13, 2018, USCIS resumed processing and accepting DACA requests to renew and re-apply (for previous DACA recipients).
We shall post as soon as USCIS publishes further guidance as soon as we learn how DACA is finally adjudicated. Presently, DACA's policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017, until further notice.
Again, please stay tuned for current updates on the Trump Administration's attack on DACA.
Need Counsel for Immigration? Call Today!
Immigration law can be complicated and this article does not exhaust all the circumstances surrounding DACA. These issues can be extremely complex, and a single misstep could potentially lead to a deportation or other immigration penalties. If you have any questions regarding DACA, please do not hesitate to contact our office.